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Is the preliminary property service contract signed without bidding valid?
This point is still controversial. In our country, it is mandatory to follow the bidding procedure for the selection and appointment of property service enterprises in the early stage. However, whether the pre-property service contract signed without bidding is valid depends on whether this mandatory clause is effective or management mandatory. At present, there is no clear stipulation on this issue, so there are precedents to support both sides. Because the property management regulations stipulate penalties such as fines for signing a property service contract without bidding, some people think that this shows that the property management regulations themselves do not think that a contract without bidding is invalid, that is, this clause is only a mandatory provision for management. However, some people think that if fines are imposed only on the basis of property management regulations, compared with the huge profits that property companies can obtain, the income risk is obviously unequal, and the punishment measures simply cannot achieve the applicable warning and stopping effect, which should be regarded as an effective mandatory clause. Without bidding, the contract is invalid, and the bamboo basket draws water with a sieve.
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